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Terms & Conditions

TERMS & CONDITIONS

1. GENERAL

1.1 “You” are you, the person accessing this website and/or paying for a subscription or service.
1.2 “We” (“us,” etc.) are Hoople Block Publishing, publisher of CapeBretonSpectator.com (“the Site”).
1.3 “Services” refers to any features of this site, including but not limited to RSS, API, software and other downloads.
1.4 By accessing the Site, you accept and agree to be bound by the terms and provisions of this agreement. In addition, when using the Services, you shall be subject to any posted guidelines or rules applicable to such Services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
1.5 ANY PARTICIPATION IN THIS SITE WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT USE THIS SITE.

2. CONTENT

2.1 Use of materials published on the Services (including articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”) is governed by a Creative Commons license. The Cape Breton Spectator is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
2.2 The Services and Contents are protected by copyright pursuant to Canadian and international copyright laws.

3. USER-GENERATED CONTENT (including comments, emails, letters to the editor, photographs and more, each a “Submission”)

3.1 As of the time of writing, reader comments are not permitted on the Site. Should this change in future, or should comments accidentally be allowed, You shall not upload to, distribute or otherwise publish on to the Services any libelous, defamatory, obscene, pornographic, abusive or otherwise illegal material.
3.2 You acknowledge that any submissions you make to the Services (comments, should they be permitted; emails or letters to the editor; photographs; audio; video; computer code; applications; etc.) may be edited, modified, published, transmitted and displayed by Hoople Block Publishing and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Submissions made to the Services may also be included in our RSS feeds, APIs, newsletters and made available for republishing through other formats.
3.3 You grant Hoople Block Publishing a perpetual, nonexclusive, world-wide, royalty free, sub-licenseable license to the Submissions, which includes without limitation the right for Hoople Block Publishing or any third party it designates to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission submitted or posted by you on or to the Services or any other web site owned by Hoople Block Publishing, including any Submission posted on or to the Services through a third party.
3.4 By making a submission, you are consenting to its display and publication on the Site and in the Services and for related online and offline promotional uses.

4. USE OF THE SERVICES

4.1 You may not access or use or attempt to access or use the Services to take any action that could harm us or a third party. You may not access parts of the Services to which you are not authorized. You may not attempt to circumvent any restriction or condition imposed on your use or access, or do anything that could disable or damage the functioning or appearance of the Services, including the presentation or display of advertising. Being exposed to advertising is a condition of accessing the Services.
4.2 The Services contain links to other related World Wide Web Internet sites, resources, and advertisers. Since we are not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to such site.

5. REPRESENTATIONS AND WARRANTIES

5.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least 18 years old. You hereby indemnify, defend and hold harmless Hoople Block Publishing and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Hoople Block Publishing reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
5.2 Hoople Block Publishing does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICES AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.

6. REGISTRATION & SECURITY

6.1 As part of the registration or account creation process, you will create login credentials by providing an e-mail address. You also have to give us certain registration information, all of which must be accurate and updated.
6.2 Each registration is for a single user only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. We may cancel or suspend your access to the Site if you share your login credentials. You may not (i) select or use the login credentials of another person with the intent to impersonate that person; (ii) use login credentials in which another person has rights without such person's authorization; or (iii) use login credentials that we, in our sole discretion, deem offensive. Failure to comply with the foregoing shall constitute a breach of these Terms of Service, which may result in immediate suspense or termination of your account.
6.3 Please notify admin@capebretonspectator.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your login or credit card information.
6.4 You must be 18 years or older to subscribe to all parts of the Services.
6.5 You are responsible for all usage or activity on your CapeBretonSpectator.com account, including use of the account by any third party authorized by you to use your login credentials. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.

7. FEES AND PAYMENTS

7.1. We reserve the right at any time to charge fees for access to portions of the Services or the Services as a whole. However, in no event will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for portions of the Services that are now free, we will give you advance notice of such fees. You may cancel your account at any time. All new fees, if any, will be posted prominently on the Site and in other appropriate locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any digital products or services offered for sale through the Services by us or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Services through your account.

8. COMMUNICATIONS BETWEEN HOOPLE BLOCK PUBLISHING AND USERS

8.1 Hoople Block Publishing reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service.
8.2 Hoople Block Publishing reserves the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information. Advertisers and/or Licensees on our Website may collect and share personal information about you only if you indicate your acceptance. For more information please read our Privacy Policy.
8.3 Hoople Block Publishing may contact you via e-mail regarding your participation in user surveys, asking for feedback on current Services or prospective products and services. This information will be used to improve the Services and better understand our users, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form.

9. TERMINATION

9.1 You may terminate your account at any time by visiting your account page and clicking “Cancel.” Upon termination, you will receive an automated confirmation via e-mail that the cancellation was processed, and your access will be suspended within 24 hours. Termination of paid digital products will be governed by our Cancellation and Refund Policy for Digital Products.
9.2 Hoople Block Publishing may, in its sole discretion, terminate or suspend your access to all or part of the Services for any reason, including, without limitation, breach or assignment of these Terms of Service.

10. MISCELLANEOUS

10.1 These Terms of Service have been made in and shall be construed and enforced in accordance with Nova Scotia law. Any action to enforce these Terms of Service shall be brought in the federal or provincial courts located in Nova Scotia.
10.2 Notwithstanding any of the foregoing, nothing in these Terms of Service will serve to preempt the promises made in the Hoople Block Publishing Privacy Policy.
10.3 Correspondence should be sent to admin@capebretonspectator.com.